tution had been silent as to the militia, that Congress would have had no power over them. Mr. N. knew not whence the gentleman from South Carolina had derived his opinion, that invasion is not war, and that therefore the militia may be called out to repel invasion in time of peace. He asked the gentleman if it were not expressly laid down by the writers on the law of nations, that a nation may consider an invasion as an act of war, and in consequence, take up arms and declare war against the nation thus offending? It could not be denied. But it was said, insurrection is not war. Mr. N. considered invasion as foreign war, and rebellion as the worst species of war, civil war. This was conclusive evidence to him, that the framers of the Constitution did not intend that the militia should be called upon except in the three cases particularly enumerated. Mr. N. had already said, that he did not consider the doctrine of the gentleman from South Carolina, respecting sovereign power, as applicable to this country. JANUARY, 1812. of a number of volunteers, not exceeding the number mentioned in the bill. He might therefore accept of such a number of each kind of force, as he might judge it expedient to have employed. For, gentlemen must see, that, if after these fifty thousand volunteers shall be imbodied, the President should decide that he has no power to employ them for the object contemplated, the country will be in an awkward situation. He thought there was safety in his proposition. As to any danger to be apprehended from a force of this kind, he thought it was in vain to attempt to engage in a war, if such an idea could be entertained for a moment. There may come a time when a large standing army would be dangerous to the liberties of the country; but the present is certainly not that time. Mr. ALSTON Would vote against the amend ment proposed by his colleague; because he subscribed to the doctrine of the gentleman from South Carolina (Mr. CHEVES ;) if he thought differently, he should have supported this amend ment. Because, all who believe that this force cannot be marched beyond the limits of the United States, must know that it will be an inefficient force; and he could not see on what ground such gentlemen can withhold their support to this proposition. To him there appeared no doubt, that when a declaration of war was made, Congress had the power to use such part of the physical force of the country as they might judge expedient. Suppose, said Mr. A., war was de What, asked Mr. N. would be the consequences which would flow from a doctrine of this kind? Is not the power given to the Executive to make treaties as much a sovereign power as the power of declaring war given to Congress? And will it be said that the Executive has the power of doing everything necessary to make treaties obligatory? He supposed not; it would certainly be conceded that this House has the right to control the treaty-making power, by granting, or re-clared for an infraction of our rights without the fusing to grant the necessary appropriations for carrying treaties into effect. And Congress has the same kind of check upon the army after it is raised, by their appropriations being confined to two years. He was therefore decidedly of opinion, that the Government of the United States has no control over the militia, except in the cases enumerated; and if the object of gentlemen be to make foreign conquest with these volunteers, he should lift up his hand against the bill; because he thought it unnecessary to bring into being a force which cannot be used for the object proposed. But it was said that this force might be used for internal defence. He wished, however, to seize the present moment for raising an effective force, before the ardor which exists in the public mind be evaporated; for, if the enthusiasm of the people be suffered to subside, when Congress shall attempt to raise an effective force, they may find it too late to effect their purpose. Mr. PICKENS moved to amend the bill, by providing a force of twenty-five thousand men, to be officered by the President, as proposed in the original bill. He wished to provide a force that could unquestionably be used against the British possessions, The force contemplated by the present bill, is, at least, of a doubtful nature. The best talents of the House had been displayed on both sides of the question. He could see no objection to the course which he proposed, as full discretion is left with the Executive to raise the whole force, or not. He is authorized to accept United States. Suppose, for instance, that the Spanish Government should insist upon holding Mobile, would Congress have no power to march a part of the militia of the country thither? He thought such a power had never been questioned. He had no doubt of it, and therefore should vote against the amendment. Mr. McKEE thought it unfortunate that this question had been brought before the House. But as it had been discussed, and different opinions expressed upon it, he wished the question to be fairly met and decided; otherwise gentlemen will vote for the bill with different views, some with an expectation that the force may be employed abroad, and others with a directly contrary opinion. Mr. SMILIE said, if gentlemen were determined to rely upon a regular force, they had certainly a right to take their own course; but he thought a standing force of thirty-five thousand men was sufficient he was for keeping the bill as it stands. Mr. ROBERTS observed, that in the course of this discussion, different opinions had been expressed as to the employment of this force. It was his opinion that this corps might be used wherever it was wanted; but if it were not to be so used, a less number of men would be necessary. It was truly a matter of Executive discretion. still it was desirable to have a definite vote on the subject. He thought it would be best to take the sense of the House on the question, whether this force could, or could not be marched out of the United States. If the gentleman from North Carolina would consent to withdraw his motion, he would bring forward one to try that question. Mr. PORTER hoped the gentleman from North Carolina would withdraw his motion, that the question might be put in the shape proposed by the gentleman from Pennsylvania. He could not subscribe to the opinion that it was improper for this House to decide for what object this force was to be applied. He thought it the duty of Congress to keep in view the object for which they were legislating. If the business of this House was to be dwindled down and protracted by long speeches, he should be for returning back to the State governments, and get them to protect our rights. What, said he, is the object of all our military preparations? The object has been repeatedly avowed to be to retaliate on Great Britain the injuries which she has inflicted upon our maritime rights, by an invasion of her provinces, as the only quarter in which she is vulnerable. How are we to effect our purpose? The Senate says, with twenty-five thousand regular troops. This had been agreed to. But have we got them? On paper only; and, my word for it, said Mr. P., it will take a considerable time to raise the men; and before this can be done, our enemy will have blocked up all the avenues to Canada with regular troops, veteran troops, inured to human slaughter. Mr. P. knew something of Canada; he lived near its borders-his house was within gunshot of its lines. He had, therefore, a right to know what was the intention of Congress; for the first attack of the enemy would doubtless be upon him and his constituents. He wished not to raise an army that could not be effectively employed. He wanted to know whether we are to make effective war or not; and the question was to him a serious one. He hoped the present motion would therefore be withdrawn. Mr. PICKENS withdrew his amendment; and Mr. ROBERTS moved the following: "that this corps shall perform duty at any place in which the army may be directed to act by the proper ' authority." Mr. KEY moved to amend the amendment, by adding the words, at any place within the United States," alleging that the motion of the gentleman from Pennsylvania was not sufficiently explicit to decide the principle. And the question being taken thereon, it was negatived-yeas 34, nays 80, as follows: YEAS-Stevenson Archer, Ezekiel Bacon, John Baker, Abijah Bigelow, James Breckenridge, Martin Chittenden, William Ely, Asa Fitch, Thomas Gholson, Thomas R. Gold, Felix Grundy, Aylett Hawes, Richard Jackson, jr., Philip B. Key, William R. King, Lyman Law, Joseph Lewis, jun., Robert Le Roy Liv. ingston, Samuel McKee, Jonathan O. Moseley, Hugh Nelson, Joseph Pearson, Israel Pickens, Peter B. Porter, William Reed, Henry M. Ridgely, Daniel Sheffey, Richard Stanford, Philip Stuart, Lewis B. Sturges, Samuel Taggart, Laban Wheaton, Leonard White, and Thomas Wilson. H. OF R. NAYS-Willis Alston, jr., William Anderson, David Bard, Josiah Bartlett, Burwell Bassett, William W. Bibb, William Blackledge, Thomas Blount, Adam Boyd, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, John Clopton, Lewis Condit, William Crawford, Roger Davis, Joseph Desha, Samuel Dinsmoor, Elias Earle, William Findley, James Fisk, Meshack Franklin, Isaiah L. Green, Bolling Hall, Obed Hall, John A. Harper, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, Abner Lacock, Joseph Lefever, Peter Little, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas Moore, Archibald McBryde, William McCoy, Alexander McKim, Arunah Metcalf, Samuel L. Mitchill, James Morgan, Jeremiah Morrow, Anthony New, Thomas Newbold, Thomas Newton, Stephen Ormsby, William Piper, Benjamin Pond, John Randolph, Samuel Ringgold, John Rhea, John Roane, Jonathan Roberts, Wiiliam Rodman, Ebenezer Sage, Thomas Sammons, Ebenezer Seaver, John Sevier, Adam Seybert, Samuel Shaw, John Smilie, George Smith, John Smith, Silas Stow, Peleg Tallman, John Taliaferro, George M. Troup, Charles Turner, junior, Pierre Van Cortlandt, jun., Robert Whitehill, David R. Williams, William Widgery, and Robert Wright. A motion was then made by Mr. McKIм to amend the amendment proposed by Mr. ROBERTS, by inserting after the said word "place," the words "within, or out of the United States:" And, debate arising, the previous question was called for by Mr. SMILIE, and, being demanded by one-fifth of the members present, an adjourn ment was called for, and carried. THURSDAY, January 16.. Mr. MORROW, from the Committee on the Public Lands, presented a bill authorizing the Secretary of the Treasury to locate the lands reserved for the use of Jefferson College, in the Mississippi Territory; which was read twice, and committed to a Committee of the Whole on Monday next... Mr. RHEA, from the Committee on Post Offices and Post Roads, presented a bill to alter and establish certain post roads; which was read twice, and committed to a Committee of the Whole on Monday next. A Message, received from the President of the United States yesterday, was read, transmitting an account of the contingent expenses of Government for the year 1811, incurred on the occasion of taking possession of the territory limited eastwardly by the river Perdido, and amounting to three thousand three hundred and ninety-six dollars. Another Message, received from the President of the United States yesterday, was read, transmitting to the House a report of the Secretary of State, complying with their resolution of the 29th of November, of American seamen impressed into the service of Foreign Powers. The SPEAKER laid before the House a letter from the Secretary of War, transmitting a report, in obedience to a resolution of the 19th ultimo, requesting the President of the United States to cause to be laid before the House a statement of the capital employed in the Indian trade, the amount of annual purchases, sales, and articles received in payment; together with the number, names, and salaries of agents, the places where stationed, and specifying the state of the trade for the last four years; which were ordered to lie on the table. The following Message was received from the PRESIDENT OF THE UNITED STATES: To the Senate and House of Representatives of the United States: I communicate to Congress a letter from the Envoy Extraordinary and Minister Plenipotentiary of Great Britain, to the Secretary of State, with the answer of the latter. The continued evidence afforded by this correspondence of the hostile policy of the British Government against our national rights, strengthens the considerations recommending and urging the preparation of adequate means for maintaining them, JAMES MADISON. WASHINGTON, Jan. 16, 1812. On motion of Mr. BLOUNT, the Committee of the Whole were discharged from the consideration of the bill from the Senate "making further provision for the corps of engineers," and it was committed to the committee on so much of the Message of the President as relates to filling the ranks and prolonging the enlistments of the regular troops, and to an auxiliary force, to the acceptance of volunteers, to detachments of militia, and to such a preparation of the great body as will proportion its usefulness to its intrinsic capacity. QUARTERMASTER'S DEPARTMENT.. On motion of Mr. D. R. WILLIAMS, the House resolved itself into a Committee of the Whole, on the bill from the Senate, with the amendments recommended by the Army Committee, to whom it had been referred. JANUARY, 1812. of every kind for the Army, ought to be a man well acquainted with mercantile concerns. After some objections from Messrs. ALSTON and RHEA, and some remarks in reply from Messrs. TALLMADGE, and FINDLEY, the amendments which went to keep up the Purveyor's office, were agreed to; and the Committee rose and reported the bill. The House took it up and concurred with the amendments, and ordered the bill to a third reading to-morrow. VOLUNTEER CORPS. The House resumed the consideration of the unfinished business of yesterday, authorizing the President to accept of certain volunteers, when the SPEAKER stated that the previous question. which had been demanded and was depending at the time of the adjournment, was now to be taken. Mr. ROBERTS, not willing to embarrass the passage of the bill, withdrew his amendment, which was under consideration when the House last adjourned. Mr. GHOLSON was desirous of ascertaining with certainty in what light this volunteer corps was to be considered; and, for this purpose, he proposed to amend the bill, by adding to the third section the following words: "to serve either States." within or without the jurisdiction of the United Mr. BURWELL was sorry that his colleague had offered this amendment. He might as well have moved to add the words, "above and below," as "within and without." What is the object of this bill? It is to provide a military force for the public service. The Constitution puts its employment in other hands. We must raise the force, and the President of the United States will employ it within or without the United States, as may be necessary, agreeably to the powers vested in him by the Constitution. Why designate the manner in, or the purposes for which this force shall be employed, when we can neither add to, nor deduct from, the directions of the Constitu tion in this respect? It must have appeared, from the experience of yesterday, that it would be impossible to get the House to express a definite Gentlemen say it is desirable to ascertain the sense of the House on this question, because they wish to know whether this force can be sent against Canada. He was himself convinced that the militia of the United States cannot be marched out of the country; that no President would dare to order them out; that if any such attempt were made, it would be resisted. He should, however, vote for the bill; and should be willing, if necessary, to give the President any additional force for the invasion of Canada. The bill, with the proposed amendments, being gone through, Mr. W. said, he would, in as few words as he was able, explain the nature of the amendments which the select committee had recommended. This bill, he said, was predicated on the destruction of the office of Purveyor of Public Supplies, who is properly the Commissa- opinion on this subject. ry General of the United States; and contemplates the establishment in its place, not only of a Quartermaster General for the United States, but a Commissary General in the same person. In investigating this subject, the committee could see no reason for blending these two important offices in one, the duties of both which are important, perfectly distinct, and never were blended in any country in the world; and for this good reason, these officers are a check upon each other; one being the purchaser, and the other the distributor of supplies; whereas, if they were united in one person, frauds to any amount might be committed without the possibility of detection. Besides, it is necessary the Quartermaster General should be a military man; indeed his presence is at times required in the field, to distribute the supplies; whilst the Purveyor or Commissary General, whose business it is to purchase supplies Mr. B. hoped the bill would be suffered to pass in its present shape. He knew his colleague too well to believe he wished to throw any unneces sary embarrassment in the way of public business, and he hoped, on more mature reflection, that he would withdraw his amendment, and let the bill pass. Mr. GOLD thought this amendment desirable for the sake of defining the purpose for which these volunteers are to offer their service. The gentleman from Virginia (Mr. BURWELL) had said it would decide nothing. He was of a different opinion. It would, at all events, let the volunteer know what service he had to perform, which he thought desirable, and which every one would wish to know before he offered his services. Mr. WRIGHT.-Mr. Speaker, I wish the honorable gentleman from Virginia (Mr. GHOLSON) would withdraw his proposed amendment. Sir, I hope that gentleman, whose talents and motives I highly appreciate, will, on a review of the subject, be satisfied that Congress have no power over the Constitution, so as to control its construction, by the Executive. The Constitution either authorizes the President to send these volunteers out of the United States, or it does not authorize him. If, sir, it does not, can this bill authorize him? If it does, can this bill control his Constitutional powers? Sir, the Legislative, the Executive, and the Judiciary, are co-ordinate powers, on subjects by the Constitution submitted to them; each respectively and exclusively is entitled to construe the Constitution for itself. Sir, Congress cannot alter any part of the Constitution without the consent of the States; and of course cannot, in any manner, by any act of ordinary legislation, impose a construction by law. The Constitution is the paramount law, and by each department is to be construed by itself. I feel no doubt that these volunteers may be sent out of the United States, by the Constitution; but no man can believe, if they cannot, that this law will justify or authorize it, unless we should determine that we have power paramount to that hallowed instrument. Sir, I am desirous of acting with despatch, and definitely, on this bill. We were, two days ago, lectured by the honorable gentleman from Virginia, (Mr. WILSON,) for our delay in the passage of the bill. I appeal to this House, whether that gentleman has not distinguished himself in that delay; and will submit to him the remark of Cato, "turpe est doctori, cum culpa redarguit ipsum." I hope, however, sir, we shall deliver ourselves from that charge, by avoiding any farther delay, and that the gentleman will withdraw his amendment, or that the House will reject it, and pass the bill to a third reading. Mr. LACOCK observed that this amendment was intended to test the opinion of the House. Though he believed the President had the power to march the militia where he pleased, yet he should vote against it, because he believed Congress were travelling out of their duty in deciding this ques tion. Mr. FISK approved the proposed amendment. It was the duty of Congress to make their laws plain and intelligible; the proposed amendment would not affect the constitutionality of the force. It would be declared on the face of the law for what purposes the volunteers were wanted, and no one could labor under any mistake on the subject; whereas, if no such amendment is made, no H. OF R one can certainly tell how these volunteers are to be employed. Mr. SMILIE said this was the second attempt which he had witnessed, to explain the provisions of the Constitution by law; but he hoped the good sense of the House would resist it. Does the gentleman from Vermont recollect that, in raising a regular force, no explanation is made of the object for which the men are wanted? Let us, said he, raise the force, and leave the President to do his duty, undirected by us. Mr. GOLD was sorry there was so great an indisposition to meet this question. No one can say that it is encroaching on the Executive prerogative, to authorize him to accept of a volunteer force, for a limited time, for certain purposes. To pass this bill, in its present shape, would be forcing the President to exercise the Judicial as well as the Executive power, before he could discover the intentions of Congress. It is the Presi dent's duty to execute the laws; but they ought to be passed in a clear and intelligible manner. Mr. BIBB said, it was certainly proper in enacting laws, to make them as explicit as possible; but will this amendment make the bill more intelligible than it is at present? He thought not. Admitting, for the sake of argument, that Congress may rightfully direct the President as to the employment of this force, will this amendment give any such direction? It would not. It was altogether indefinite, and he should, therefore, vote against it. After a few remarks from Mr. GHOLSON and others, he withdrew his amendment. Mr. BACON said, there appeared to be wanting an amendment to the bill in relation to the manner in which the services of these volunteers are to be accepted. They are, according to this bill, to offer their services to the President; but he thought it would be more convenient for them to make the offer to the Governors of the several States, and let them communicate the offer to the President. The Governors, as Commanders-inChief of the States, will have to commission the officers, and it would certainly be best, that the offer or service should be made to them. A different course would be attended with much inconvenience. He would move an amendment, therefore, of the following words: "through the medium of the Executive authority of the several States." The motion was negatived. Mr. B. HALL said he had voted for every measure in favor of placing the country in a state suited to the present crisis; but he could not vote for the present bill, as he believed it to be unconstitutional. This corps, when imbodied, will be as much a regular corps as any other. The President has power to call out the militia for certain purposes. Who are the militia? They are all the people of the United States liable to do militia duty, subject to the call of the President; but the moment they are selected into special corps, they are a part of the Army, and ought, therefore, to be officered by the President. The word "militia" does not occur in the whole of this bill. But for this doubt in his mind, he would have cheerfully voted for the additional force. He moved a recommitment of the bill. Mr. PORTER hoped the bill would be recommitted. It is certainly incorrect in several respects, but especially in the first section. He should not, however, have made the motion, but have relied upon the Senate to have made the necessary correction; but, being made, he seconded it, and wished it to pass. The section which provides for the acceptance of volunteers, does not say of whom they shall consist. The motion was negatived. Mr. NELSON would make a last, an expiring effort to unravel or cut this web of difficulty into which this subject had been thrown-an effort made in the spirit of candor, and he hoped it would be received by the House as intended. He had avowed it to be his object to put the United States in that armor which the President had recommended. JANUARY, 1812. Moore, Archibald McBryde, William McCoy, Samuel NAYS-Stevenson Archer, Ezekiel Bacon, Abijah Bigelow, Elijah Brigham, Epaphroditus Champion, The bill was then ordered to be read a third time to-morrow. FRIDAY, January 17. Our Constitution, said Mr. N., was the fruit of a spirit of compromise; and the measures of this House must frequently be actuated by a similar spirit. It is necessary, all agree, to bring into existence a body of troops which will prove effective. He was, on this account, for having a corps which would act more promptly than militia. It could not be expected, however, that miMr. QUINCY presented a petition of the members of the Association of Ministers in and about litia, unaccustomed to service. could act so promptly as a corps of volunteers, which should be trained Boston, praying that the ninth section of the "Aet for the purpose. Mr. N. thought it of great im-regulating the Post Office Establishment," passed portance that the ardor and enthusiasm which the twenty-fifth of April, 1810, be so amended as exist among the people, at the present moment, to prohibit the delivery of letters on Sunday beshould be taken advantage of for raising these fore sunset.-Laid on the table. volunteers; and concluded with moving that the bill, with its amendments, lie upon the table for the present, to afford him an opportunity of bringing in a new bill to authorize the President to accept and commission a corps of volunteers-say 30,000, 40,000, or 50,000; and, after a bill of this. kind was passed, he would join with gentlemen in providing another corps for State purposes. Mr. MCKEE seconded the motion for another reason. There was a Message of importance on the table from the President of the United States, which he wished to hear read. The question was then put and negatived. The bill was then ordered for a third reading-yeas 96, nays 25, as follows: YEAS-Willis Alston, junior, William Anderson, John Baker, David Bard, Josiah Bartlett, Burwell Bassett, William W. Bibb, William Blackledge, Harmanus Bleecker, Thomas Blount, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, James Cochran, John Clopton, Lewis Condit, Wm. Crawford, R. Davis, John Dawson, Jos. Desha, Samuel Dinsmoor, Elias Earle, James Emott, William Ely, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Isaiah L. Green, Felix Grundy, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, Joseph Kent, William R. King, Abner Lacock, Peter Little, Robert Le Roy Livingston, William Lowndes, Aaron Lyle, Nathaniel Macon, George C. Maxwell, Thomas The SPEAKER presented several petitions of the members of sundry Christian, denominations residing in the Western country, praying that the mail may not be carried, and that post offices may not be opened on Sundays.-Ordered to lie on the table. the United States transmitting a letter from the A Message was received from the President of Envoy Extraordinary and Minister Plenipotentiary of Great Britain to the Secretary of State, with the answer of the latter.-Referred to the committee appointed on that part of the President's Message, which relates to Indian affairs. VOLUNTEER CORPS. An engrossed bill to authorize the President of the United States to accept and organize certain volunteer military corps, was read the third time. And on the question that the same do pass, it passed in the affirmative-yeas 87, nays 23, as follows: YEAS-Willis Alston, jun., William Anderson, Stevenson Archer, John Baker, Burwell Bassett, William W. Bibb, William Blackledge, Harmanus Bleecker, Thomas Blount, Adam Boyd, James Breckenridge, Robert Brown, William A. Burwell, William Butler, John C. Calhoun, Langdon Cheves, Matthew Clay, John Clopton, Lewis Condit, William Crawford, Roger Davis, Joseph Desha, Elias Earle, James Emott, William Findley, Meshack Franklin, Thomas Gholson, Thomas R. Gold, Isaiah L. Green, Felix Grundy, Obed Hall, John A. Harper, Aylett Hawes, Jacob Hufty, John M. Hyneman, Richard M. Johnson, William R. |